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These new voting laws came after an increase in turnout by black voters in recent presidential election years. Although overall turnout in Wisconsin has varied in the past three
presidential races, turnout by black voters grew in 2008 and 2012 to equal that of white
voters.11 Latino voters, however, have continued to lag behind other groups in their rate
of voter participation.12
and towns are responsible for administering elections.24 And the state must follow
through on its public education efforts to communicate what forms of voter ID are
required so that voters will know what they need to bring with them in order to cast a
ballot that will be counted come November.
Voter registration
Wisconsin voters continue to benefit from same day registration, or SDR, which
allows people to register to vote and cast a ballot on the same day. Thirteen states and
Washington, D.C., have SDR programs; California, Hawaii, and Vermont have enacted
but not yet implemented SDR, and Utah is running an SDR pilot program.36 SDR helps
boost participation rates: States with SDR average turnout rates 10 points to 12 points
above states that do not allow eligible citizens to register and vote on the same day.37 In
Wisconsin in 2012, more than 300,000 voters cast their ballots using SDR.38
Wisconsin law requires that voting rolls be purged of inactive voters every four years
between the time of the general election and the following July.39 This means that
Wisconsin has not seen the kind of pre-election statewide voter purges that other states
have experienced. In 2004, however, Republican officials used software from the U.S.
Postal Service to analyze the addresses of more than 300,000 registered voters in heavily Democratic Milwaukee.40 The state Republican party challenged the registration of
more than 5,000 of those voters, but the states election board rejected the challenge.41
The city and the party agreed that the voters would be asked for identification, but even
the head of the state GOP admitted there were few reports of trouble in the end.42 A
Republican strategist told The New York Times that this was a political ploy to distract
Democrats in the days before the election.43
Voter challenges
There has been a lot of rhetoric this year about enlisting volunteers to watch the polls for
potential fraud. These effortsusually targeted at communities of colorcan endanger
voters rights through outright intimidation or other disruptive behavior. This raises the
specter of bullies at the ballot box, taking it upon themselves to challenge their fellow
Americans right to participate in the democratic process.44
Wisconsins laws on challenging voters are very broad and allow challenges for a variety
of reasons. On Election Day for example, any registered voter may challenge another
voters qualifications but only if the challenger knows or suspects that the voter is not
qualified to vote.45 Election officials will ask the challenger under oath why he or she
believes the voter is not qualified through several specific, state-approved questions
about the voters qualifications.46 State law says that any elector who abuses the right to
challenge may be subject to sanctions.47 Hopefully this form of accountability will
deter groundless voter challenges.
The state also requires inspectors at polling places to challenge any voter who they
know or suspect is not qualified.48 Then the challenged voter must answer questions
under oath.49 While requiring knowledge is appropriately protective of a voters rights,
allowing challenges on the basis of suspicion leaves much to the discretion and judgment of poll workers, who could potentially abuse this authority. It further underscores
the paramount importance of proper poll worker training.
Voters whose qualifications or registration are challenged only lose their right to vote if
elections officials determine beyond a reasonable doubt that they are not qualified.50
This standard protects voters rights by placing the burden on the challenger. Voters
challenged at the polls will be placed under oath and asked about their qualifications.51
If they refuse to take the oath or fully answer the questions, then they cannot receive
a ballot.52 If the challenged voters answers indicate that the person meets the voting
qualification requirements, the persons vote shall be received.53 While the laws are
broad, the states same-day registration has mitigated the impact on voters.54
Voters can also challenge another voters registration, however, by filing an affidavit and
appearing for a hearing on the issue.55 Challenged voters are mailed a notice of their
hearing, and if they do not appear, an elections official can make a decision without
them.56 Being required to show up at a hearingand potentially having to take time off
from work or find child carecan impose a significant burden on voters.
Voter intimidation
State law prohibits the use of fraud or threats to compel any person to vote or refrain
from voting.57 State law also says that no one can compel, induce, or prevail upon
an elector to vote for or against any candidate.58 In 2012, however, the GAB said it
received disturbing reports about unacceptable, illegal behavior by observers.59
During Gov. Scott Walkers (R-WI) recall election, The Atlantic reported that activists
streamed into poor black and Latino precincts around Racine, hunting for evidence
that people were cheating.60 No evidence of fraud was found after an official investigation, but there were many reports of voter intimidation.61 The League of Women
Voters reported receiving more than 50 reports complaining that volunteers from True
the Vote, a self-appointed ballot security group, hovered over registration tables and
aggressively challenged voters eligibility.62 Many students reported that they were
challenged by True the Vote and mocked by the group on social media.63 There were
also reportedsightings of poll watchers tailing vans that were transporting voters to the
polls, snapping photos ofvoters license plates, even directing voters to the wrong polling places.64 Critics charged that activist poll watchers intended to intimidate voters in
the 2012 election.65
In 2014, Wisconsin enacted a law that allows observers to be within three feet to eight
feet of voters inside polling locations as voters announce their names or register to
vote.66 In November, poll workers will need to ensure that any poll watching operations
do not slide into illegal voter intimidation.67
Provisional balloting
Historically, Wisconsin has had relatively low rates of provisional ballots and rejections
of those ballots.84 But the new voting requirements could lead to much higher rates of
provisional voting this year, and voting rights advocates fear that many of those ballots will be rejected.85 Ann Jacobs of the Wisconsin Elections Commission worries that
voters who do not have an ID on Election Day will not have their vote counted.86 Jacobs
notes that even if voters cast a provisional ballot, they must satisfy the ID requirement
by the Friday after the election, even though the ID likely would not arrive in the mail
until the following week.87 This is obviously a design flaw, and the deadline for people
who vote with a provisional ballot to return with the required ID should be extended if
the state has not provided them with an ID in a timely fashion.
The League of Women Voters report noted that during this years primary, There were
times noted by observers when a provisional ballot should have been offered to the
voter and was not, including at some Milwaukee polling places where voters who did
not have an ID were not offered a provisional ballot as the law requires.88
Conclusion
Wisconsin has a long history of good government reforms, but recent laws have made it
harder for citizens to cast a ballot. New rules for voting caused confusion and delays in
this years primaries, especially on college campuses. Changes to voting laws as a result
of court rulings since the primaries may ease some of these concerns, but when problems occur, the new partisan Ethics Commission may have a harder time agreeing on
how to handle them than the nonpartisan Government Accountability Board.
State officials should encourage and facilitate voter participation, not deter it. Taking
away an individuals right to vote for partisan gain is not fair play. Wisconsin has a rich
tradition of good government and robust civic participation, but the new voting laws
and a growth in disturbing practices could jeopardize that legacy.
Liz Kennedy is the Director of Democracy and Government Reform at the Center for
American Progress.Billy Corriher is the Director of Research for Legal Progress at the Center.
Endnotes
1 Zoltan Hajnal, Nazita Lajevardi, and Lindsay Nelson, Voter
Identification Laws and the Suppression of Minority Votes
(forthcoming), available at http://pages.ucsd.edu/~zhajnal/
page5/documents/voterIDhajnaletal.pdf; Isela Gutierrez
and Bob Hall, Alarm Bells from Silenced Voters (Durham:
Democracy North Carolina, 2015), available at http://ncdemocracy.org/downloads/SilencedVoterAlarm.pdf.
2 Ian Millhiser, The State of Americas Voting Rights, In One
Map, ThinkProgress, September 1, 2016, available at https://
thinkprogress.org/the-state-of-americas-voting-rightsin-one-map-663bc79741cd#.urrvnkyn8; the set of briefs
explain legal developments as of their dates of publication.
3 Patrick Marley and Jason Stein, Assembly Approves Changes To Voting Hours, ID Law, Milwaukee Journal Sentinel,
November 15, 2013, available at http://archive.jsonline.com/
news/statepolitics/assembly-kicks-off-tense-session-onrecalls-early-voting-hours-b99142673z1-231963621.html;
Ari Berman, Wisconsin Voter-ID Law Could Block 300,000
Registered Voters From The Polls, The Nation, April 1, 2016,
available at https://www.thenation.com/article/wisconsinsvoter-id-law-could-block-300000-registered-voters-fromthe-polls/.
4 This email was among the documents uncovered by The
Guardian. See Ed Pilkington and Guardian US interactive
team, Leaked court documents from John Doe investigation in Wisconsin lay bare pervasive influence of corporate
cash on modern US elections, The Guardian, September 14,
2016, available at https://www.theguardian.com/us-news/
ng-interactive/2016/sep/14/john-doe-files-scott-walkercorporate-cash-american-politics.
5 Bruce Vielmetti, Rutgers voter fraud expert testifies at Wisconsin voter ID trial, Milwaukee Journal Sentinel, November
8, 2013, available at http://archive.jsonline.com/blogs/
news/231076211.html.
6 Response to Petition for Rehearing En Banc, Frank v.
Walker; One Wisconsin Institute v. Thomsen, Nos. 16-3003,
16-3052, 16-3083, 16-3091 (7th Cir. August 26, 2016),
available at http://media.ca7.uscourts.gov/cgi-bin/
rssExec.pl?Submit=Display&Path=Y2016/D08-26/C:163083:J:PerCuriam:aut:T:op:N:1817743:S:0.
7 One Wisconsin Institute v. Thomsen, No. 3:15-cv-00324-jdp
(W.D. Wisc. July 29, 2016), available at http://media.jrn.com/
documents/vote_ruling.pdf.
8 Ibid.
9 Ibid.
10 Patrick Marley, Early Voting in Milwaukee to Include
Multiple Sites, Milwaukee Journal Sentinel, August 29, 2016,
available at http://www.jsonline.com/story/news/politics/
elections/2016/08/29/early-voting-milwaukee-includeremote-sites/89549930/.
11 William H. Frey, Ruy Teixeira, and Robert Griffin, Americas
Electoral Future: How Changing Demographics Could
Impact Presidential Election from 2016 to 2032 (Washington: Center for American Progress, 2016), available
at https://cdn.americanprogress.org/wp-content/uploads/2016/02/25000130/SOC2016-report2.pdf.
12 Ibid.
13 ThinkProgress, Wisconsin Students Face Hour-Long Voting
Lines, Voter ID Confusion, April 5, 2016, available at http://
thinkprogress.org/politics/2016/04/05/3766773/studentvoting-milwaukee/.
34 Mark Sommerhauser, Assembly OKs online voter registration, eliminates special registration deputies, Wisconsin
State Journal, February 17, 2016, available at http://
host.madison.com/wsj/news/local/govt-and-politics/
assembly-oks-online-voter-registration-eliminates-specialregistration-deputies/article_0b76ecfb-3ae5-5e21-b85cf562a9746ed7.html.
35 Ibid.
36 National Conference of State Legislatures, Same-Day Voter
Registration, available at http://www.ncsl.org/research/
elections-and-campaigns/same-day-registration.aspx (last
accessed September 2016).
37 Laura Rokoff and Emma Stokking, Small Investments,
High Yields: A Cost Study of Same Day Registration in Iowa
and North Carolina (New York: Demos, 2012), available at
http://www.demos.org/sites/default/files/publications/
SDR-CostStudy-Final.pdf; Project Vote, Factsheet: Same Day
Registration (2015), available at http://www.projectvote.
org/wp-content/uploads/2015/06/SameDayFactSheet-PVFeb2015.pdf.
38 Ibid.
39 Wis. Stat. 6.50 (2015).
40 Teresa James, Caging Democracy (Washington: Project
Vote, 2007), available at http://www.projectvote.org/wpcontent/uploads/2015/06/Caging_Democracy_Report.pdf.
41 Ibid.
42 Ibid.
70 Ibid.
43 Abby Goodnough and Don Van Natta, Bush Secured Victory in Florida by Veering From Beaten Path, The New York
Times, November 7, 2004, available at http://www.nytimes.
com/2004/11/07/politics/campaign/07florida.html.
71 Shawn Johnson, Once A Symbol Of Bipartisanship, Government Accountability Board Targeted For Overhaul, Wisconsin Public Radio, October 13, 2015, available at http://www.
wpr.org/once-symbol-bipartisanship-government-accountability-board-targeted-overhaul.
72 Ibid.
46 Ibid.
74 Ibid.
49 Ibid.
50 Wis. Stat. 6.325 (2015).
53 Ibid.
77 Ibid.
78 Ibid.
79 Government Accountability Board, Wisconsins 20092014 Election Administration Plan (2009), available
at http://www.gab.wi.gov/sites/default/files/publication/65/2009_2014_wisconsin_election_administration_
plan__16316.pdf; Government Accountability Board, G.A.B.
Announces Statewide Voter Photo ID Public Education
Campaign, Press release, October 9, 2014, available at
http://www.gab.wi.gov/node/3409.
62 Ibid.